Author Archive - Doug MacLeod, MacLeod Law Firm

For the past 30 years, Doug MacLeod, founder of the MacLeod Law Firm, a Canadian labour and employment law firm, has been advising and representing employers in connection with employee terminations. If you have any questions, you can contact him at 416 317-9894 or at doug@macleodlawfirm.ca. Read more

Doug’s top 5 employment law stories of 2019

December 10, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation, 0

We have started the last month of 2019 and it is time for my annual top employment law stories of the year. 2019 has been a relatively good news year for Ontario employers.

aggravated damages, employment law, Just cause termination, reasonable notice period at common law, termination clauses, variable compensation

Wrongful dismissal update: Alleging just cause is a legal minefield

November 12, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

A recent case (Headley v. City of Toronto, 2019 ONSC 4496 (CanLII)) shows that alleging just cause for termination for a long-service employee can be a risky and costly strategy.

employment contract, employment law, just cause dismissal, Termination clause, Wallace damages, wrongful dismissal

Workplace harassment provisions coming to the Canada Labour Code

September 10, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Training and Development, 0

As many of you know, several new amendments to the Canada Labour Code (“the Code”) came into effect on September 1st. Employers cannot rest just yet – even bigger changes are expected to arrive in 2020 in relation to workplace harassment and violence.

employment law, harassment and violence, Harassment and violence training, investigate complaints of harassment, Investigating workplace violence, psychological harassment, psychological injury, workplace harassment and violence

Are executives entitled to variable compensation after being terminated?

August 7, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

This blog reviews a recent Ontario Court of Appeal decision, Manastersky v. Royal Bank of Canada, 2019 ONCA 609 (CanLII), that considered whether or not an employer can discontinue a variable compensation plan that accounts for about 50% of an executive’s total compensation.

employment law, Notice of termination, termination, variable compensation, wrongful dismissal, wrongful dismissal claim

Aggravated damages are aggravating employers

July 9, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

Employers must be honest, candid and forthright with employees. Failure to do can result in a judge ordering an employer to pay an employee aggravated damages.

aggravated damages, duty of good faith, good faith, Good faith in the manner of dismissal, termination, termination in good faith, wrongful dismissal

Failure to disclose planned layoff costs employer 22 months pay and 20K punitive damages

June 4, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Mr. Jonasson, a 55 year old engineer with 22 years’ service with Nexen Energy was thinking about either retiring or taking a leave of absence. He decided to request a six month leave of absence. The employer agreed to his leave request if he entered into an agreement about the company’s obligations at the end of his leave.

bad faith termination, Dismissal, duty of good faith, employment law, planned layoff, punitive damages, termination

Ontario’s new employer-friendly employment laws

May 7, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, HR Policies and Procedures, Human Resources, Payroll, Wages and Compensation, 0

Some recent changes in the law make Ontario’s employment laws more employer-friendly – especially for small businesses; this blog post discusses five of these changes.

employment law, Payroll, posting requirements

Are employees entitled to receive damages for variable compensation during the reasonable notice period?

April 2, 2019 Doug MacLeod, MacLeod Law Firm Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation, 0

Some employees receive a large percentage of their total remuneration in variable compensation. A much litigated issue is whether the employer is required to pay variable compensation to a terminated employee during the applicable notice period and if so how is this compensation calculated.

employment law, failure to mitigate, notice period for a terminated employee, shareholder bonus, variable compensation, variable compensation structure, wrongful dismissal

Can an employee refuse a recall from a temporary layoff?

March 5, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, 0

Contrary to popular belief, a temporary layoff generally constitutes a wrongful dismissal which requires an employer to pay the laid off employee termination pay.

employment law, temporary layoff, termination, wrongful dismissal

Wrongful dismissal update: Recent case is a cause for concern

February 5, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

It is increasingly difficult for employment lawyers to assess an employer’s potential legal liability in connection with an employee termination.

employment law, pay in lieu of notice of termination, punitive and aggravated damages, reasonable notice of termination, termination, termination pay, wrongful dismissal

Mandatory postings in workplaces

December 10, 2018 Doug MacLeod, MacLeod Law Firm Accessibility Standards, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Training and Development

There are several documents that are mandatory postings for all workplaces, while others depend on the nature of the business and the hazards present in the workplace.

employment law, employment standards act poster, mandatory postings, no smoking signs, required postings

Cannabis legalization: Behind the smoke and mirrors

November 13, 2018 Doug MacLeod, MacLeod Law Firm Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources

Whether you were looking forward to October 17, 2018 or whether you were dreading it, the recreational use of cannabis is now legal in Canada.

cannabis, cannabis in the workplace, employment law, marijuana in the workplace, recreational cannabis, recreational marijuana

Permanence requirement discrimination on the basis of citizenship

October 9, 2018 Doug MacLeod, MacLeod Law Firm Human Resources, Human Rights, Recruiting and Hiring

Imperial Oil Limited recently found out the hard way that imposing a Canadian citizen permanence requirement as a job qualification can be a costly mistake.

discrimination on basis of citizenship, employment law, permanence requirement, postgraduate work permit

Will a judge enforce the termination clause in your organization’s employment contract?

September 11, 2018 Doug MacLeod, MacLeod Law Firm Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring

Although it is theoretically possible to limit an employee’s rights on termination to ESA minimums, it is difficult to do so in practice because trial judges are reluctant to enforce them.

employment contract, employment law, statutory termination pay, Termination clause